63 Wis. 256 | Wis. | 1885
Tbe only reason assigned for a reversal of the judgment of tbe circuit court is that tbe justice bad no jurisdiction of tbe action, because- tbe amount of tbe plaintiff’s account exceeded $500, and because tbe amount due tbe plaintiff, at tbe time of tbe trial before tbe justice, exceeded $200. E. S. sec. 3572, subd. 4. These sums are, respectively, tbe maximum limits of a justice’s jurisdiction. Tbe statute confers such jurisdiction in “ actions founded on any account, when the amount of tbe plaintiff’s account, proven to tbe satisfaction of tbe justice, shall not exceed five hundred dollars, and when tbe same shall be reduced
Was anything disclosed on the trial before the referee which showed such want of jurisdiction? We think not. It has already been stated that the pleadings'consisted of the common counts alone. In the circuit court each party was allowed to amend so as to claim damages to the amount of $1,000. Under the amended pleadings it was undoubtedly competent for either party to give evidence of an ac
But it does not appear in this case, that-the plaintiff proved an account or a balance due him in excess of a justice’s jurisdiction. The referee stated an account showing that the plaintiff’s account proved before him amounted to only $215.10, and that of the defendant to $128.70. The balance is the amount of the judgment recovered by the plaintiff in the circuit court. Hence, if resort could be had to the trial in the circuit court (or, what is the same thing, to the trial before the referee), the only inference that could be drawn therefrom would be that the plaintiff’s account proved before the justice was far less than $500,. and the balance due him was far less than $200.,
In any view we are able to take of the case, we think the record fails to show any want of jurisdiction in the justice; Many cases in tMs court are cited in the briefs of counsel, but none of them are in conflict with the views here expressed. It would be profitless to attempt a review of them.
By the Gourt.— The judgment of the circuit court is affirmed.